Expert on People’s Lawsuits Can Fire DPR, Touches on Balance

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Jakarta, hitclubapk3 Indonesia

Indonesian Parliamentary Center (IPC) researcher Ahmad Hanafi assessed the mechanism for changing members
DPR RI
outside the interim changes (PAW) is good for building political balance.
Hanafi responded to the lawsuit of five students to the Constitutional Court (
MK
) regarding PAW members of the DPR which can only be carried out by political parties regulated by the MD3 Law.He said that currently there is no other mechanism for changing DPR members, apart from Interim Replacement (PAW) by political parties.
Therefore, even though it has the potential to become an internal conflict, other evaluation mechanisms by the people, such as in a lawsuit at the Constitutional Court, can create a new balance.
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“When it comes to internal political dynamics within the party, the open PAW mechanism can actually be used to build political balance
to
.”Because there is direct control from the community,” he said when contacted, Thursday (20/11).
He believes the Constitutional Court has a chance of granting the lawsuit, depending on the applicant’s arguments and the dynamics of the constitutional judges.
On the other hand, according to him, these efforts should be appreciated so that there is equality between the community selection process and the evaluation process.That way, parties cannot just change their cadres in the DPR.
“This means that parties cannot simply appoint PAW members without a strong basis of legitimacy such as voting in elections. The voices of constituent complaints must also be used as a reference,” he said.
Hanafi believes that the DPR should have a complaints unit regarding the performance of its members.This unit must also accommodate the services of DPR members to their constituents.
“There should be a unit for complaints regarding the performance of DPR members. This includes a service program for DPR members towards constituents,” he said.
Five students challenged Law Number 17 of 2014 concerning the MPR, DPR and DPRD (UU MD3) at the Constitutional Court (MK) and asked that the people or constituents be able to dismiss members of the DPR RI.
The five students were Ikhsan Fatkhul Azis, Rizki Maulana Syafei, Faisal Nasirul Haq, Muhammad Adnan, and Tsalis Khoirul Fatna.
The absence of a mechanism for dismissal of DPR members by constituents is considered to have placed the role of voters in elections solely on a formal procedural basis.This is because elected DPR members are determined based on the majority vote, but their dismissal no longer involves the people.
In their petitum, the petitioners asked the Court to interpret Article 239 paragraph (2) letter d of the MD3 Law to be “proposed by their political parties and/or constituents in their electoral districts in accordance with the provisions of statutory regulations.”
(thr/dal)
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